Service Call Reimbursement from Tenant on HVAC Filter Clog

[Michelle Felux]

Hello everyone! 

So we got a call this weekend in the South Texas heat that one of our tenants had the AC go out completely. Of course, we went through as quickly as we could to get in touch with our Home Warranty company and get an HVAC company dispatched to diagnose the issue.

HVAC returns my call today telling me that it was a "severely clogged air filter" causing the lines to freeze over. Her lease states that she should be changing the filters monthly and, in a subsequent section, that she would be liable to reimburse us promptly for damages... and service required by violating her lease rules.

I feel we are within our rights to request a $75 reimbursement for the service call and have this drafted:

Dear [tenant's name]:

Per your lease agreement, we are enclosing a bill for $75.00 and a copy of the HVAC technician’s findings and the diagnostic call receipt for services required for a “severely clogged air filter blocking the air flow causing the AC system to freeze up”.

Per your lease agreement, section 19B, you must replace air-conditioning filters monthly, which would have prevented the clogged air filter issue. Section 21A in your lease agreement outlines the requirement for prompt reimbursement for loss, damage, consequential damages, government fines or charges, or cost of repairs or service in the house because of a lease rules violation.

Sincerely, 

[Us]

Should I add anything more to this? My next steps would be to build my Quickbooks invoice and send it to her electronically. If she never pays this, would I deduct it from her security deposit at the end of the lease? I probably would not evict over something this minor, as she's a pretty solid tenant. Not 100% amazing, but pays on time, doesn't bother us much, etc.

Thanks for your input!

[Ned J.]

Personally I'd eat the $75 for the "first offense" for something like this for a truly good tenant....... do you really expect a tenant to change the filter each month?.....not going to happen. How many homeowners do that?....next to none...... I probably do mine every 6-12 months, tops and I own the place.

I would do all the paperwork and notices and invoices and make sure the tenant knows that next time they will pay the cost and any/all cost associated with any damage the neglect causes.

For a good low maintenance tenant, I'm going to cut them some slack for a pretty unrealistic maintenance item

Another reason why local landlords just do the filter themselves and use it as in excuse to inspect the property every couple of months